So much is being written about people’s fears of losing their privacy. People who live in democratic societies are starting to feel as if they are slowly, but surely being transitioned into a police state. These fears are real and valid with the advancements of technology. However, laws being passed to protect the privacy of our citizens are not keeping up with these advancements.
On January 23, the U.S. Supreme Court ruled unanimously that law enforcement authorities do not generally have a right to affix a GPS tracking device to a suspect’s car without first obtaining a valid warrant. This case, United States v. Jones, is being referred to as one of the most important Fourth Amendment tests in a decade. However, the court’s decision only begins to address how the privacy rights of citizens will be protected in our technological world.
There are many more ways today to perform surveillance without physically trespassing on private property, a point recognized by Justice Samuel Alito in a concurrence joined by three other justices. Justice Sonia Sotomayor wrote in another concurring opinion, “the Fourth Amendment is not concerned only with trespassory intrusions on property.”
Justice Alito said the court should address how expectations of privacy affect whether warrants are required for remote surveillance using electronic methods that do not require the police to install equipment, such as GPS tracking of mobile telephones.
In his opinion, Justice Antonin Scalia wrote:
“It is important to be clear about what occurred in this case: The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.”
Let’s consider our mobile phones. Mobile phone service providers log the list of cell sites to which our cell phones connect throughout the day. Mobile apps gather data on the usage patterns of our wireless devices and often track device location to the accuracy of a specific residence or office building, undermining the oft-cited claim that the data gathered is not “personal.” Much of this data is collected and then sold with our consent, in accordance with privacy policies that few of us read before accepting, to a complex ecosystem of mobile application providers and advertisers. Read the full article »
